Federal
Title |
Summary |
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| Sykes v. Cook Cty. Circuit Court Prob. Div. | This case dealt with the plaintiff's denial of the use of her service dog while in a courtroom to present a motion. After the denial, the plaintiff filed an Americans with Disabilities Act (ADA) action, alleging that there was a violation for denial of reasonable accommodations under the ADA. The district court dismissed the action for lack of jurisdiction, because as a federal court, it was barred from hearing the claim under the Rooker–Feldman doctrine. The Court of Appeals agreed, and held that as a federal court, it was barred from hearing the claim under the Rooker–Feldman doctrine, which prevents lower federal courts from exercising jurisdiction over cases brought by state court losers challenging state court judgments rendered before the district court proceedings commenced. Additionally, the district court held that it should exercise Younger abstention because the proceeding was ongoing and because the plaintiff had an adequate opportunity to raise her federal claims about her dog in state court, but the Court of Appeals held that "Younger is now a moot question because there is no ongoing state proceeding for [the Court of Appeals] to disturb." As a result, the district court's dismissal for lack of subject matter jurisdiction was AFFIRMED. |
| Szabla v. City of Brooklyn Park, Minnesota |
A man who was bitten by a police dog brought a § 1983 action against two cities and police officers for violating his Fourth Amendment rights; the man also brought some state laws claims against the defendants as well. When the district court granted Minnesota’s motion for summary judgment, the park occupant appealed and the appeals court reversed the lower court’s decision. The appeals court also granted a petition to rehear, en banc, the question of the city’s municipal liability and found that the city was entitled to summary judgment on that claim. Circuit Judge Gibson filed a dissenting opinion and was joined by Wollman, Bye, and Melloy. |
| Szabla v. City of Brooklyn Park, MN |
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| Szabla v. City of Brooklyn Park, Mn. |
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| Tarquinio v. City of Lakewood, Ohio (unpublished) |
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| Terranova v. United States Dep't of Agric. | Petitioners seek review of a decision and order of the USDA/APHIS determining that they violated various provisions of the Animal Welfare Act (“AWA”) and its implementing regulations, imposing civil penalties, and revoking the exhibitor license granted to Terranova Enterprises, Inc. Petitioners were licensees who provide wild animals like tigers and monkeys for movies, circuses, and other entertainment. In 2015 and 2016, APHIS filed complaints against petitioners that they willfully violated multiple provisions of the AWA and knowingly violated a cease and desist order issued in 2011 to avoid future violations of the AWA. After consolidating the complaints, the Administrative Law Judge ("ALJ") found that petitioners willfully committed four violations, so the ALJ issued a cease and desist order, suspended petitioners' license for 30 days, and assessed a $10,000 penalty and an $11,550 civil penalty for failing to obey the prior cease and desist order. On appeal by both parties to the Judicial Officer of the USDA, petitioners' exhibitor license was revoked and the penalties were increased to $35,000 and $14,850, respectively. On appeal here to the Fifth Circuit, petitioners claim that the determinations of the Judicial Officer were not supported by substantial evidence and that she abused her discretion in revoking their exhibitor license. This court found there was sufficient evidence to support the violations, including failing to allow APHIS officials to conduct compliance investigations and inspections, faulty tiger enclosures, insufficient distance/barriers between tigers and the public, failure to make an environmental enrichment plan, and failings involving tiger enclosure and protection from inclement weather, among other things. With regard to petitioners' claim that the Judicial Officer abused her discretion in revoking the exhibitor license, this court court found that petitioners committed more than one willful violation of the AWA so revocation was not unwarranted or without justification. The court concluded that the USDA Secretary’s order was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law, and that it was supported by substantial evidence. Therefore, the court denied the petition for review. |
| Test Drilling Service Co. v. Hanor Company |
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| Texas Beef Group v. Winfrey |
Cattle ranchers in Texas sued the The Oprah Winfrey Show and one of its guests for knowingly and falsely depicting American beef as unsafe in the wake of the British panic over “Mad Cow Disease.” The matter was removed from state court to federal court. The federal district court granted summary judgment as a matter of law on all claims presented except the business disparagement cause of action, which was eventually rejected by a jury. The court alternately held that no knowingly false statements were made by the appellees. This court affirmed on this latter ground only, finding that the guest's statement and the producers' editing of the show did not violate the Texas False Disparagement of Perishable Food Products Act. |
| Thacker ex rel. Thacker v. Kroger Co. |
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| The Ecology Center v. Russell |
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